Two New Zofran Lawsuits Filed In Illinois And North Dakota
The new claims filed against GlaxoSmithKline bring similar allegations of birth defects caused by the company’s Zofran medication that resulted the defendant filing a motion to transfer the lawsuits into multidistrict litigation in July.
Wednesday, August 12, 2015 - A pair of new Zofran birth defect lawsuits have been filed recently, increasing the more than a dozen claims that have already been filed against pharmaceutical manufacturer GlaxoSmithKline (GSK) in recent months concerning their anti-nausea medication. The two claims, which were filed in North Dakota and Illinois, allege that birth defects discovered in their children were a direct result of the two mothers' use of Zofran during their pregnancy.
The first lawsuit, filed in Illinois on July 21, claimed that the prescription of Zofran given to the mother to combat morning sickness symptoms resulted in her son contracting a congenital heart defect. The plaintiff claims that GSK promoted the use of Zofran to doctors for the purpose of combating morning sickness for pregnant mothers, even though the drug was never approved for his use by the FDA.
This kind of off-label marketing was claimed to have been reckless and put the patients in harm's way without prior warning or having gone through the proper testing. The plaintiff claims that GSK should have been aware or run tests to determine the safety of using Zofran for the treatment of morning sickness before advising doctor to prescribe the drug for that use.
The second claim, filed in North Dakota, alleges that the birth defects discovered in a child born in 2007 that seriously affected the infants kidney development and operation was caused by the mother's use of Zofran during pregnancy. This plaintiff also allege that GSK was or should have been aware of the risks associated with Zofran and instead promoted the drug off-label in the interest of generating a profit off the medication normally employed to help staunch nausea for chemotherapy patients.
Both cases reference the misuse of off-label marketing tactics used by GSK, which were at the heart of a 2012 $3 billion settlement the British company agreed to with the Department of Justice. In that lawsuit, many of the claims against GSK revolved around the company's use of off-label marketing to prescribe drugs without the FDA's approval. This process circumnavigated many safety regulations put in place to protect patients and resulted in a number of serious complications such as the ones described in the Zofran birth defect allegations.
Zofran birth defect research conducted by Harvard, Boston University, and a number of medical journals including An International Journal of Obstetrics and Gynecology, Pediatric Emergency Care and the New England Journal of Medicine have all demonstrated significant links between Zofran and birth defects when prescribed to pregnant mothers. Plaintiffs claim that studies such as these should have been conducted before the medication was marketed off-label to treat morning sickness.
GSK requested in July for all the pending Zofran lawsuits against the company to be consolidated into multidistrict litigation. The motion to transfer, filed before the Judicial Panel on Multidistrict Litigation, was filed by the defendants in an attempt to help streamline the processes of discovery, lawsuit filings and a number of other procedural steps that may benefit from having all the lawsuits consolidated before a single federal judge. More Zofran lawsuits are expected to be filed in the coming months as news of the allegations and the possibility of multidistrict litigation spreads throughout the country.
More Recent Zofran Birth Defects Lawsuit News:
- Australian Zofran Study Finds Increased Risk Of Birth Defects | 1/27/2016
- GSK Files To Dismiss All Zofran MDL Lawsuits | 1/20/2016
- Diversity In Severity Of Defects Allegedly Caused By Zofran | 1/13/2016
- Zofran MDL Lawsuits Top 200 Total | 1/6/2016
- Questions Of Fact In Zofran MDL Lawsuits | 12/30/2015
- Direct Filing Allowed In Zofran MDL | 12/23/2015
- Total Zofran Lawsuits Expected To Top 200 | 12/16/2015
- Idaho Lawsuit Claims GSK Didn't Test Zofran On Humans | 12/9/2015
- Doctors Still Able To Prescribe Zofran For Morning Sickness | 12/2/2015
- Updates for Zofran MDL Heading Into Month Two Of Consolidation | 11/25/2015
- Zofran Birth Defect Lawsuits Top 100 Nationwide | 11/18/2015
- New Zofran Lawsuit Filed In Idaho | 11/11/2015
- First Zofran Status Conference Set For November 17 | 11/4/2015
- New Alabama Zofran Lawsuit Filed | 10/28/2015
- Four Separate Plaintiffs File Zofran Claim Together | 10/21/2015
- Zofran Lawsuits Consolidated by JPML | 10/14/2015
- Oregon Family Files New Zofran Lawsuit | 10/7/2015
- Toronto Star Zofran Report Significant In Plaintiffs' Arguments | 9/30/2015
- Lawsuits Grow Nationwide As MDL Decision Nears | 9/16/2015
- Two New Zofran Lawsuits Claim Birth Defects From 1990's | 9/9/2015
- New Zofran Lawsuit Claims GSK Drug Led To Child's Single Kidney | 9/2/2015
- JPML Will Hear GSK Motion To Transfer In October | 8/26/2015
- Zofran Lawsuits Top 30 Nationwide As GSK Spokesperson Denies Liability | 8/19/2015
- FDA Plans Public Meeting Regarding Off-Label Medication | 8/5/2015
- New Report Released Intended To Advise Potential Zofran Plaintiffs. | 7/29/2015
- New Zofran Lawsuits Filed In Alabama and Louisiana | 7/22/2015
- Zofran Lawsuits Expected To Rise After MDL Request | 7/15/2015
- GSK Files Motion To Transfer 12 Zofran Lawsuits Into MDL | 7/8/2015
- Research Linking Zofran and Birth Defects Prevalent Throughout US | 7/1/2015
- Families Around U.S. Filing Claims On Behalf Of Children Affected By Zofran | 6/22/2015
- New Zofran Lawsuit In Ohio Claims Drug Caused Death of Daughter | 6/14/2015
- Plaintiffs Continue To File New Zofran Lawsuits | 6/10/2015
- New Zofran Lawsuit Filed in Alabama | 4/9/2015
No-Cost, No-Obligation Zofran Birth Defect Lawsuit Case Review If You or a Loved One Has Had a Baby with Birth Defects
Onder, Shelton, O'Leary & Peterson, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. Onder, Shelton, O'Leary & Peterson has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others, and other law firms throughout the nation often seek its experience and expertise on complex litigation.